Couple sues Lowe's for injuries from uneven pavement in parking lot

By Kyla Asbury | Jan 23, 2019


CLARKSBURG — A couple is suing Lowe's Home Centers alleging unsafe conditions on the premises of the Lowe's store in Morgantown.

Geri Anne Medley and Russell E. Medley went to the Morgantown Lowe's on March 13, 2017, to make a purchase, according to a complaint filed in the U.S. District Court for the Northern District of West Virginia at Clarksburg.

The plaintiffs were walking through the parking lot with Geri Anne Medley was caused to trip on uneven pavement and was injured.

The dangerous, defective, hazardous and unsafe condition of the parking lot caused Geri Anne Medley's injuries, according to the suit.

The plaintiffs claim the defendants should have warned patrons of the unsafe condition in the parking lot.

Geri Anne Medley was acting in a reasonable, careful and prudent manner at all times while walking through the parking lot, according to the suit.

The injuries that Geri Anne Medley suffered included injuries to bones, ligaments, tendons, vessels, nerves and tissues of the left knee, which required physical therapy; a right ankle avulsion fracture off the tip of the distal fibula; bruises; shock and anxiety; and other serious injuries, according to the suit.

Russell Medley claims he suffered a loss of consortium when his wife was injured.

The plaintiffs are seeking compensatory and punitive damages. They are represented by Frank C. Walker II of Frank Walker Law.

Lowe's filed a notice of removal in the case, removing it from Monongalia Circuit Court to federal court, citing diversity of citizenship and amount in controversy.

Lowe's claims because it is headquartered in North Carolina, there is complete diversity between the plaintiffs and the defendant.

Lowe's also claims the injuries the plaintiffs complain of exceed the jurisdictional limit for state court of $75,000.

Lowe's is represented by Monte L. Williams and Elizabeth L. Stryker of Steptoe & Johnson.

U.S. District Court for the Northern District of West Virginia at Clarksburg Case number: 1:18-cv-00224

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